Filing Habeas Corpus in High Court
Habeas Corpus translates to "you may have the body of." When a person is being held against their will, you might submit this kind of writ petition.
- In other words, if the court determines that the individual is being held against their will, it may order their release.
- Usually, the individual who is being held without a warrant seeks a writ of habeas corpus.
- One can file and issue a petition for habeas corpus against any governmental authority or a specific person to start the writ procedure.
- However, in some circumstances, the court might let someone else submit a petition of habeas corpus on behalf of the individual held because they are a friend or relative.
Characteristics of the Habeas Corpus Act
As a result, the writ petition has the following characteristics:
- The detained person's reasons for being held can be brought up in court and questioned.
- The court has the authority to summon the individual being held to appear in court.
- If it is determined that the person's detention is unlawful, it may order the person's release.
Who can file Habeas Corpus?
A prisoner is the one who can file Habeas Corpus to the court or a judge, or even someone else may do so on their behalf.